Anti‐dumping Protection in a Liberalising Country: Mexico's Anti‐dumping Policy and Practice

The use of anti‐dumping policy has been steadily growing in recent decades, and so has the theoretical and empirical literature on anti‐dumping. However, while developing countries as a whole have become at least as active as the ‘traditional’ anti‐dumping regimes (the USA, the EU, Canada and Australia), the literature is almost exclusively concerned with the latter group. This article gives an overview of anti‐dumping policy and practice in Mexico, one of the leading ‘new’ anti‐dumping regimes. It assesses how anti‐dumping has expanded since the country began liberalising trade in the mid‐1980s, and discusses how the policy has been applied in a protectionist way that is not dissimilar to policy practice in the traditional user countries.     

Anti‐dumping at 100 Years and Counting: A Canadian Perspective

The world's first anti‐dumping measure was introduced by Canada as a ‘special duty’ that could be levied administratively rather than being enacted. This paper describes the features of this first measure in light of subsequent evolution of anti‐dumping practice and sets it in its historical context – an era that was a high season of globalisation but also an era marked by an awakening of economic nationalism in newly industrialising countries, and by growing angst over the power of large corporations that were emerging to exploit the economies of scale allowed by mass production, as evidenced by the concurrent evolution of anti‐combines legislation. Anti‐dumping's early integration into economic theory as an international counterpart of domestic competition policy has received some official ratification in international treaties, and governments see it as a legitimate policy, albeit one in need of international disciplines. However, analysis of the pattern of its use reveals it to be an instrument of political economy, as a convenient alternative to the WTO safeguard option. The paper explores contextual reasons why today, in another high season of globalisation, marked by concerns over corporate globalism that evoke those of the earlier era, anti‐dumping actions are proliferating where they did not then.     

The Economic Impacts of Turkish Accession to the European Union

Half a century has passed and Turkey is no further toward achieving EU membership. Under the mandate of the Barcelona Declaration, EU–Turkish industrial tariffs will be abolished, whilst agro‐food protectionism remains largely intact. Consequently, the direct impacts from a hypothetical EU accession scenario will be concentrated in agro‐food sectors, whilst their share of economic output in Turkey implies ‘secondary’ macro impacts. To this end, a computable general equilibrium (CGE) framework is employed to quantitatively reassess full Turkish accession. Unlike previous CGE studies, agriculture, fishing and food sectors are disaggregated, whilst significant advancements to the ‘standard’ model code are incorporated to capture the vagaries of agricultural factor, input and product markets. In addition, a realistic ‘baseline’ scenario is constructed including ‘up to date’ trade and domestic agricultural policy reforms prior to Turkish entry to the EU. The results show that trade‐led gains in Turkey are moderated due to tariff liberalisation prior to EU entry, whilst Turkey receives significant budgetary transfers from the CAP budget, which are ‘mirrored’ as EU‐27 costs. With additional migration effects, Turkish (EU‐27) production possibilities fall (rise), whilst real income per capita rises (falls).     

Some Remarks on Reforming WTO AD/CVD Rules

In these remarks, I argue that a plausible reason that anti‐dumping actions are so widely abused for protectionist purposes is that they represent a rare instance of essentially unilateral actions that are permissible within the WTO: under the banner of anti‐dumping actions, governments can block imports and provide their industries with import relief without fear of retaliation or demands for compensation from their trading partners. Cognisant of the great potential for abuse of anti‐dumping actions, the WTO Agreement on Implementation of Article VI represents an extraordinarily detailed attempt by WTO member governments to ‘reign in’ this potential through a detailed set of rules governing the acceptable methodologies and procedures for initiating anti‐dumping actions. But as long as the underlying incentives for abuse remain, governments are likely to continue to find new and increasingly ingenious ways to respond to these incentives without running afoul of the rules. To create incentives for the use of anti‐dumping measures that are more in line with a cooperative international environment, I suggest extending WTO compensation provisions to cover anti‐dumping actions. In this way, the WTO might in effect ‘harness retaliation’ and convert it into a tool of international order in the area of anti‐dumping actions.     

European Union Market Access Conditions and Africa's Extensive Margin of Food Trade

This paper examines the impact of two European Union (EU) market access regulations in the food sector presumed to simultaneously affect firms’ decisions to export food products to the EU. We analysed EU pesticide standards on African exports alongside a complementary non‐tariff measure in the form of a minimum entry price regulation, which aims to protect EU growers of certain fruits and vegetables against international competition. Analysis was based on Africa's exports of tomatoes, oranges, and lime and lemon to the EU between 2008 and 2013, using the gravity model of trade. Our results show that EU market access conditions constitute significant barrier to the formation of new trade relation between the EU and Africa. In addition, initiation of trade relationships is contingent not only on market access conditions but also on domestic market constraints in Africa. These results imply that negotiating preferential entry prices duties and the removal of domestic market restraints as well as strengthening domestic capacity to comply with EU standards to enhance continuous market access for the continent could stimulate food trade along the extensive margin.     

A Centennial of Anti‐dumping Legislation and Implementation: Introduction and Overview

A century has passed since the Government of Canada adopted the first recorded anti‐dumping law in 1904. The Canadian legislation was soon followed by similar legislation in most of the major trading nations in the industrialised world prior to and after World War I. Anti‐dumping provisions were later incorporated into the General Agreement on Tariffs and Trade (GATT) following World War II. Nowadays, virtually all of the industrialised and developing countries in the world economy have adopted anti‐dumping legislation. In view of the long and increasingly widespread use of anti‐dumping measures, we marked the centennial of Canada's 1904 legislation with a symposium at the University of Michigan on 12 March, 2004. The symposium papers document the experiences with anti‐dumping and then ask whether and how anti‐dumping can be reformed. Although we all would probably agree that the best solution would be to retract all anti‐dumping legislation, this is unlikely to happen in the foreseeable future. Anti‐dumping laws serve a variety of purposes, and powerful political forces stand in the way of eliminating these laws. Anti‐dumping provides a stronger and more focused means of safeguards protection against surges of imports than GATT‐legal safeguards laws permit. Anti‐dumping also formalises a meaning for ‘unfair trade’ that, though essentially meaningless from an economic standpoint, strikes a chord in public perception. And finally, in spite of its appearance of being constrained by objective administrative rules, anti‐dumping in practice is a potent political tool that governments are able to manipulate in order to satisfy powerful constituents. With all this going for it, anti‐dumping is unlikely ever to be relinquished as an economic policy tool by governments.     

An Analysis of Factors Influencing the Anti‐dumping Behaviour in India

The use of anti‐dumping measures as a trade protection tool, has increased phenomenally during the last decade. One significant aspect of this new trend is the increasing involvement of developing countries. India is one such country which has emerged as a very frequent user of anti‐dumping measures, surpassing even the traditional users. It had initiated more than 300 anti‐dumping cases by the end of 2002–03. Many of these cases are against developing countries. Most of the cases are concentrated in narrow range product groups, like chemicals and petrochemicals, iron and steel, pharmaceuticals and textiles. This study examines India's experience with anti‐dumping measures. The main objective of the study is to identify the factors which might have influenced the anti‐dumping behaviour in India. Discussion of these factors shows that imports have increased considerably. This is particularly true for a number of developing countries facing dumping charges in India. At the same time, many of the domestic producers of the like products have performed poorly during the last decade. Such trends may instigate the import‐competing industries to seek anti‐dumping protection and may also influence the authority to provide that. However, the results of our statistical exercise show that, although imports and performance of the domestic industry might have influenced the initiation of anti‐dumping cases, these factors did not seem to significantly influence the final decision of the authority. The results rather indicated a tendency on the part of the authority to provide anti‐dumping protection to industries, which are characterised by a large number of firms.     

Product Heterogeneity and Cost Allocations in Contingent Trade Protection

The WTO allows members to impose contingent protection, including anti‐dumping duties, within agreed constraints. Anti‐dumping proceedings typically name a single captioned product but include large numbers of individual products within that caption. The inclusion of multiple products creates a variety of issues for both anti‐dumping and other contingent protection measures, issues that have been prominent in national actions and WTO dispute settlements, but have been largely ignored in research. This work focuses on the most important such area, the allocation of costs among products in anti‐dumping proceedings. We develop a comprehensive economic analysis for cost allocation issues, and couple it with the accounting tools that must be used for its implementation, to derive the first‐best allocation methods for anti‐dumping purposes. These results have direct relevance in other contingent trade contexts, such as injury determinations and subsidy pass‐through analysis.     

Trade Diversion as Firm Adjustment to Trade Policy: Evidence from EU Anti‐dumping Duties on Vietnamese Footwear

This paper evaluates the impact of the 2006 European Union anti‐dumping (AD) action on Vietnamese footwear in three markets: imports to the EU, footwear producers in Vietnam, and the trade diversionary adjustment of Vietnamese firms in the US market. We find that the AD action reduced Vietnamese imports to the EU by as much as 65 per cent. Given that the EU makes up almost two‐thirds of Vietnam's footwear exports and footwear is among the top four export industries for Vietnam, this reduction is economically significant. Consistent with predictions of our model, we find evidence of trade diversion by Vietnamese producers from the EU to the US market. Our difference‐in‐difference estimates of the AD actions on the value of Vietnamese footwear imports to the United States ranged from 69 to 71 per cent over the period 2004–07 and 69 to 72 per cent in terms of quantity. These results highlight the spillover effects of trade policy in third markets when firms adjust to trade barriers. Our results are robust to triple‐difference specifications where we adjust for trend differences and a series of placebo specifications.     

Subcontracting bargaining power and the trade policy

In this paper, we consider that the split of surplus from a subcontracting deal depends on the relative bargaining powers of domestic and foreign firms. The finding shows that a domestic optimal export policy is a tax (subsidy) if the bargaining power of the domestic firm is sufficiently small (large). We also demonstrate that a domestic firm’s higher bargaining power increases (may decrease) domestic profit if the export policy is exogenous (endogenous). In the presence of an outsider option, the domestic optimal export policy will be threatened by the outsider option if the domestic firm’s bargaining power is sufficiently small, and thus a large bargaining power increases the optimal export tax. At the same time, the foreign firm may still subcontract to the domestic firm even if the domestic firm has a higher total marginal cost of the intermediate good than the outsider option.     

我国陶瓷行业遭遇反倾销的成因与对策

近年来,我国陶瓷行业遭遇多起反倾销调查。其原因既有发起国受金融危机的影响而出台贸易保护措施以保护其国内陶瓷产业方面的因素,也有我国陶瓷企业出口产品附加值低、价格低方面的因素。应对反倾销调查,我国陶瓷企业要积极应诉,并争取获得进口商的支持,得到行业协会和政府的帮助,同时提高产品的附加值和科技含量。     

Are Trade Preferences more Effective than Aid in Supporting Exports? Evidence from the ‘Everything But Arms’ Preference Scheme

This study examines the effect of the ‘Everything But Arms’ (EBA) trade preferences regime on exports from the African, Caribbean and Pacific countries (ACP) to the European Union (EU). With this aim, an augmented gravity model is estimated for exports from the 79 ACP countries to the EU‐15 for the time period of 1995—2013 using panel data techniques. The results are used to quantify the effect of the eligibility for EBA preferences on the export performance of the ACP least developed countries (LDCs) and to relate it to the impact of official development assistance on exports. In addition to their separate effects, the combined impact of EBA and aid flows is examined. The main results do not provide evidence for an additional positive effect of the EBA agreement on the export performance of the ACP LDCs. However, receiving aid shows a significant and positive effect on exports from EBA‐eligible ACP countries to the EU‐15, supporting an EU development strategy that includes both sorts of assistance, aid and trade preferences.     

The EU Anti‐dumping Policy Towards Russia and China: Product Quality and the Choice of an Analogue Country

This paper uses the theory of international trade in vertically differentiated products in order to assess whether the EU has calculated disproportionately high dumping margins in its anti‐dumping policy towards the two non‐market economies (NMEs) Russia and China since 1992. Specifically, the investigation concerns cases in which the level of economic development in and the quality of the products from the chosen analogue country are higher than in the two NMEs. The conclusion drawn here is that, even when the EU chooses analogue countries at a higher level of economic development than Russia and China, the differences in product quality and in the levels of economic development between the dumpers and the analogue countries provide no systematic explanation of the size of dumping margins.     

Failure of the WTO Ministerial Conference at Cancun: Reasons and Remedies

This paper first discusses four general developments in the world trading system that have made it increasingly difficult in recent years for nations to reach multilateral agreements aimed at further liberalising international trade, namely: (1) the increased technical complexity and disruptive domestic economic effects of the issues being negotiated; (2) the shift in relative bargaining power among the negotiating participants in favour of the developing countries; (3) the proliferation of bilateral and regional free trade agreements in contrast to multilateral agreements, and (4) the increased emphasis on achieving ‘fairness’ rather than reciprocity in trade liberalisation. Differences in negotiating positions of the participants on the major specific negotiating subjects of the Doha Round, such as new rules covering investment, competition policy, government procurement policy, and trade facilitation, agricultural liberalisation, changes in anti‐dumping and countervailing duty rules, the tariff‐cutting rule to increase access to non‐agricultural markets, and further liberalisation in the services sector, are then considered as well as the likelihood of reaching compromises on these matters. Finally, the possibilities of reaching acceptable balances of concessions and gains are considered for such key participants as the Group of 20 developing countries, the European Union, the United States and other industrial countries.     

WTO新一轮谈判中美国在补贴与反补贴规则修改上的立场和建议

WTO各成员方在2001年11月开始异常艰苦的多哈回合谈判,耗时八年有余,在去年年底举行的小型部长会议上各国表示了在2010年结束此轮谈判的愿望和决心。在过去的八年多,包括美国在内的各成员方就补贴的定义、禁止性补贴、进口替代补贴、出口信贷、严重危害、实质损害的救济、不可诉补贴、补贴通知、自然资源与能源定价,以及发展中成员方特殊和差别待遇等议题和反补贴措施程序方面的一些问题提交了提案,WTO也发布了两个有关的主席案文。由于美国一直以来都是多边补贴与反补贴规则的主导者,并且其在反补贴措施方面的运用也处于世界前列,美国的建议基本上代表了发达国家在WTO《补贴与反补贴协定》(ASCM)修订过程中的立场,在很大程度上也代表了ASCM未来的发展趋势。因此本文就美国在多哈回合谈判中所提出的建议进行梳理,希望对于研究和判断ASCM的未来走向提供一些借鉴。     

The Politicisation of EC Anti‐dumping Policy: Member States,Their Votes and the European Commission

This paper examines one political‐economy aspect of the European Communities’ (EC) anti‐dumping policy that has tended to be overlooked in prior studies; namely, the role that member states play in deciding whether to impose definitive duties on imports that have been found to be dumped and that are deemed to have injured a European industry. We find that, in the late 1990s, numerous disagreements between member states occurred over the merits of imposing anti‐dumping duties. These disagreements may well have been partly responsible for the strong decline in the number of European anti‐dumping investigations initiated after 1999.     

EU Anti‐dumping and Tariff Cuts: Trade Policy Substitution?

The world trading system in its current form aims at reducing multilateral trade barriers across the board. Indeed, the last successfully concluded multilateral trade negotiations led to substantial tariff concessions on the part of most developed economies. What, however, happened to other forms of import protection? Have substantial tariff concessions subsequently been replaced by the use of alternative forms of import protection? In this paper we empirically investigate the relationship between negotiated external tariff cuts and the subsequent use of anti‐dumping actions by the EU. Evidence is found for larger Uruguay Round tariff cuts increasing the probability of subsequent anti‐dumping investigations.     

Anti‐dumping: A Growing Problem in International Trade

This paper discusses the issue of anti‐dumping (AD) proliferation. AD is used more frequently, by more countries, and against more products than ever in its history. I review AD filing patterns with an emphasis on the scope of countries and industries seeking protection. Recent trends suggest that the widespread embrace of AD protection makes the prospect for AD reform increasingly unlikely. AD is no longer being used solely by high‐income developed countries. It is increasingly being used by middle‐income and even lower‐income countries. New users have chosen to use AD very intensively. Per dollar of imports the new users have filed AD cases up to 15–20 times more frequently than the traditional AD users such as the US and EU. The evolving set of AD users complicates AD negotiations. In the near term, strong opposition by the US and EU makes reform a highly unlikely outcome. In the longer run, rising use of AD against the US and EU could conceivably weaken their support for AD; yet, the same trends that might finally cause the US and EU to realise AD is a failed policy will likely make reform impossible.     

Trade Remedy Actions in NAFTA: Agriculture and Agri‐Food Industries

The economic rationale for trade remedy law, while always weak, is undermined by the formation of free trade areas. However, due to political pressure, first CUSFTA and then NAFTA have continued the use of domestic antidumping and countervailing duty laws. With the lowering of border protection, it was feared that there would be an explosion of trade remedy law as NAFTA was implemented. This article examines data on the use of anti‐dumping and countervailing duty investigations in agriculture, and analyses the incidence between NAFTA partners before and after the implementation of free trade, and compared to the incidence with other countries. Given the cost of current AD and CVD suits, options are explored for alternative methods to resolve AD and CVD suits. Evaluation of options hinges on goals held for dispute resolution within NAFTA. Given continued political opposition to eliminating AD and CVD processes, increasing the options for resolving these suits may reduce their overall costs.     

更倾销之战——内部瓦解

近年来,中国产品出口频频遭受国外反倾销调查和诉讼,中国已经成为反倾销调查和诉讼最多的国家之一.我国学者纷纷提出应对策略.本文就内部瓦解策略进行了论述,包括争取进口商加盟;聘请反倾销提起国的知名律师;充分发动反倾销国的消费者;在国外建立反倾销预警机制.